This case has been cited 1 times or more.
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2002-02-06 |
BELLOSILLO, J. |
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| Dropping from the rolls of an employee who fails to file an application for leave during her absence is a non-disciplinary measure provided for under Section 35, Rule XVI of the Omnibus Rules Implementing Book V of Executive Order No. 292 x x x x Be it noted that the main concept of "dropping from the rolls" is the refusal of an employee to report for work or to go on absence without official leave (AWOL) despite the employer's notice to report. Such refusal to be a ground therefor is, of course, anchored on the fact that there is no other impediment on the part of the employee concerned which would prevent him from filing said leave application (underscoring supplied).[42] Indeed no tinge of arbitrariness can be ascribed to the concept of automatic leave of absence. This kind of leave of absence is the substantial equivalent in the public sector of our ruling in Magtoto v. NLRC[43] where we considered a worker to have been on leave of absence without pay pending resolution of a criminal complaint for rebellion against him. We ruled - | |||||